Regan v. Howe
Massachusetts Supreme Judicial Court
Petition fur partition. At the trial in the Superior Court, before Wilkinson, J., without a jury, the petitioner put in a deed from one-Catharine T. Howe, to herself and the two respondents of the land in question, of one undivided third part thereof, and rested her case The respondents then called Josiah C. Blaisdell, Esquire, who testified that in 1868, the petitioner, with the respondent Howe, came into his office, when she agreed to sell to Howe her third part of the…
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Petition fur partition. At the trial in the Superior Court, before Wilkinson, J., without a jury, the petitioner put in a deed from one-Catharine T. Howe, to herself and the two respondents of the land in question, of one undivided third part thereof, and rested her case The respondents then called Josiah C. Blaisdell, Esquire, who testified that in 1868, the petitioner, with the respondent Howe, came into his office, when she agreed to sell to Howe her third part of the premises for $300, and Howe was to clear off a mortgage for which the respondents were responsible ; that in pursuance of…
1Opinion of the CourtColt, J.
Treating the deed executed by the petitioner, and left with the scrivener by the agreement of both parties, as an escrow, in accordance with the petitioner’s present claim, still we are of opinion that there was evidence to warrant a jury in finding a delivery sufficient to vest , the title in the grantee Howe, one of the present respondents. The case was tried by the court, with )ut a jury, and the finding was for the respondents.
*426There was evidence that the conditions, upon which the deed was to be delivered to the grantee, had been fully performed, so that the equitable title to it was in…
2Cases cited4 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Scrugham v. WoodNew York Supreme Court · 1836
3Cited by16 opinions
- Sparks v. TaylorTexas Supreme Court · 1906
- Sullivan v. HudginsMassachusetts Supreme Judicial Court · 1939
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Parrott v. AveryMassachusetts Supreme Judicial Court · 1893
- Tewksbury v. TewksburyMassachusetts Supreme Judicial Court · 1916
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